Commercial Lease vs Commercial Tenancy Agreement (CTA)

We often have landlord clients ask us if it is ok to enter into an REIQ Commercial Tenancy Agreement (CTA) as opposed to a full commercial lease which has been professionally drafted by a lawyer.  We advise landlords against entering into a CTA as we are of the view that it offers limited protection compared to a […]

Signing Documents as a Company

Under the Corporations Act there a number of ways in which a company can sign documents (including deeds).  Specifically, the Act provides that a company may sign a document without using a common seal if the document is signed by: (a) 2 directors of the company; or (b) a director and a company secretary of […]

ACCC Has Win Against Google

In a recent appeal to the Federal Court of Australia, the Australian Consumer and Competition Commission (ACCC) won a landmark decision against Google.  The case centred on the ACCC’s allegations that Google had engaged in misleading or deceptive conduct by publishing eleven advertisements on Google’s search results page.  The headline of each of the advertisements […]

New Business Name Register

Until now, each State and Territory has had its own regulations dealing with business names.  On 28 May 2012, the Australian Securities and Investments Commission (ASIC) will take over national responsibility for the registration of business names. When the new register commences, new business names can be registered via an online portal on the ASIC website.  […]

Leases Exceeding 10 Years

When leasing commercial property, it is important to keep in mind that where part of a parcel of land is leased for a period of more than 10 years (including all the options), there is a legislative requirement that approval be obtained from the local Council.  This is because the lease of part of land […]

The Basics of Trusts

You might have colleagues, friends or family who say they operate a trust. Trusts are often spoken about, but not often understood. So what is a trust? In its simplest form, a trust is a legal arrangement where property is held by one person (the trustee) for the benefit of another person (the beneficiary). The property that is held by […]